Wednesday, May 17, 2017
- First Circuit: In deciding an issue of first impression (and agreeing with eight circuits but disagreeing with one), the court held that a plaintiff may not bring claims for damages under 42 U.S.C. § 1981 against state actors, including defendants sued in their official capacities as government officials
- First Circuit: In deciding two issues of first impression, the court held that the applicability of the Federal Arbitration Act (“FAA”) is a threshold question for the court to determine (not an arbitrator) before compelling arbitration under the FAA, and that a provision of the FAA that exempts contracts of employment of transportation workers from the FAA’s coverage applies to a transportation-worker agreement that establishes or purports to establish an independent-contractor relationship
- US District Court ME: Following $15,000 back-pay jury verdict on denial of federal and state family medical leave claims, the court refused to award, instead of back pay on the state claim, a $100 per day civil penalty (which would have totaled $95,000), finding that the alternative damage award is not necessary to assure Defendant’s compliance with the law; awarded double the back pay as liquidated damages; and awarded prejudgment interest from the date of plaintiff’s Maine Human Rights Commission notarized charge of discrimination despite the fact that administrative exhaustion is not required for family and medical leave claims
- Law Court: After an extensive analysis, the court clarified the process for the handling special motions to dismiss under Maine’s anti-SLAPP (“Strategic Lawsuit Against Public Participation”) statute
- Law Court: The court held that Maine’s anti-SLAPP statute is not applicable to newspaper articles unless those articles constitute the newspaper petitioning on its own behalf or the party seeking to invoke the anti-SLAPP statute is a party that used the newspaper to broadcast the party’s own petitioning activities
- MHRC: Fair Housing Workshop scheduled for June 23rd will provide an overview of Fair Housing Law
- Kennebec Journal: Augusta ed tech says school department discriminated against her for telling colleague ‘I will pray for you’
- Press Herald: Court upholds whistleblower retaliation penalty against Pan Am Railways
